The Trans-Pacific Partnership, which regulates 40 percent of
the global economy, will continue to outsource American jobs overseas, fail to
do anything about currency manipulation, and once adopted, will create an
international, unelected commission with broad authority to implement and
interpret the agreement without any votes of Congress. These regulatory and
judicial powers of the commission, in Article 27.2.2 of the agreement, will be
akin to rogue agencies and activist courts in the U.S., that regularly issue
edicts contrary to the law passed by elected representatives.
While the U.S. Trade Representative provided a chapter
summary on its final provisions that it would take votes of Congress to amend
the agreement and to allow other countries to dock into the agreement, the text
of the agreement is not nearly so explicit, leaving significant concerns about
how the trade agreement will function and whether U.S. representative democracy
will be meaningful in its wake. Before any agreement is ratified, the language
must be much stronger to make the need for Congress' approval clear. A chapter
summary is not the agreement itself. The danger of a runaway commission is too
great for this to be ignored.
But since Congress is forbidden from amending the agreement
under terms of the fast track trade authority granted President Obama earlier
this year, and the agreement will not be fixed later, the only recourse for
members who share this concern is to simply vote no. Chile managed to get a
provision into the agreement adhering to its Constitution explicitly into
Article 27, but the U.S. could not? It's not as if these concerns were not
raised prior to the close of negotiations, making the lack of language
explicitly safeguarding Article One and Two congressional prerogatives in the
U.S. Constitution particularly inexcusable.
This concern is exacerbated by President Obama’s on-going contempt for
these prerogatives as demonstrated by his regulatory overreach and pen and
phone approach to dictating policy.
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Norb Leahy, Dunwoody GA Tea Party Leader
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